Supreme Court: Hawkers are Permitted to Operate in Markets Only in Accordance with Policy

Khushi Doshi

Published on: April 16, 2022 at 21:11 IST

The Supreme Court ruled that a Hawker has no Right to insist on being allowed to keep his Goods and Wares at his Hawking Location overnight.

Hawkers can be allowed to Hawk in markets only if they follow the Hawking Policy, according to a Bench of Justices MR Shah and BV Nagarathna.

“The Petitioner, a Hawker in Delhi’s Sarojini Nagar Market, asked the High Court to allow him to leave his Goods and Wares at the Hawking location overnight. The High Court Correctly Rejected the aforementioned Prayer “ according to the Court.

“The Petitioner, being a Hawker, has no Right to insist that he may be permitted to keep his Goods and Wares at the place where he is Hawking overnight,” the Bench said.

The Supreme Court was hearing a Petition filed by a hawker in Delhi’s Sarojini Nagar Market challenging a Delhi High Court Order.

The Hawker had requested that the High Court issue directions to the New Delhi Municipal Council allowing the Appellant-Hawker to leave the goods overnight at the location where he Hawks during the day.

The High Court stated that the Hawker’s Plea goes against the very concept of Hawking by allowing him to occupy any given area permanently.

“The whole concept of Hawking is that the Hawker comes to the Allotted/Demarcated area during the hours of Hawking with his or her Goods and Wares; undertakes the activity of Hawking and leaves the area along with his or her Goods and Wares at the end of the Hawking period. In fact, in respect of Mobile Hawkers even this much is not Permitted,” the High Court had said.

Also Read: Delhi HC: Failure of officials to remove hawkers adversely impacts citizens’ Rights To Life

Related Post